Talk:European Court of Human Rights
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[edit] Minimal age to be punishable
The criminal age in england is ten. Many children are detained at that age. Is this usual in Europe and isnt it a breach of childrens rights to childehood
- I'm unaware of the specifics of British law, and what you exactly refer to as the "criminal age".
- In France, the procedure for judging minors (< 18) is different from that of judging adults. Prison sentences can be handed for minors as young as 13, but that is only in rather exceptional circumstances. The handling of violent juvenile delinquents is an ongoing topic of controversy. David.Monniaux 10:24, 3 Dec 2004 (UTC)
- In the Netherlands the minimal age for prosecution is 12. From 12-16 always juvenile court, from 16-18 it depends. --Otto 19:58, 14 December 2006 (UTC)
I hope there is a place for the following information somewhere on Wikipedia. Any Ideas?
[edit] European Court of Human Rights Denying Human Rights to Access Information.
European Court of Human Rights Denying Human Rights to Access Information.
There seems to be nothing in the European Convention on Human Rights protecting human rights to access to information - at least any rights to information regarding the basis for decision of the Three Judge Committee to reject a complaint brought before the European Court of Human Rights. Note that a typical rejection letter from The European Court of Human Rights states that following the Three Judge Committee decision to reject a complaint, the person bringing the complaint before the European Court of Human Rights has no right to any specific information regarding the decision of the courts, no right to a reply to further correspondence regarding the case and no right to effective remedy against the decision of the Committee. A logical step towards guaranteeing human rights would be to bring this to public attention in hope to amend the Convention and include decision to protect human rights to access information regarding the Court's decisions. Making sure that following all articles of the Convention are to be expected not only by all nations but also by the European Court of Human Rights itself. For instance, the lack of application of Article 13 of the convention by the European Court of Human Rights to its own behaviour is highly questionable - the fact that the Court of Human Rights denies people any effective remedy against its decisions rejecting cases or finding them unfounded. This in combination with denying access to any specific information regarding the basis for Committee's decision to do so is reminiscent of courts under Stalin.
Sources http://mailgate.supereva.com/pl/pl.listserv.dziennikarz/msg21874.html http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights http://en.wikipedia.org/wiki/European_court_of_human_rights Submitted copies of additional rejection letters would be welcome. At least one translation coming soon. http://en.wikipedia.org/wiki/Right_to_Know_Day
(Writ by MC.)
Retrieved from "http://en.wikipedia.org/wiki/Talk:European_Convention_on_Human_Rights"
[edit] "Appeals" to the European Court of Human Rights
Could somebody have a look at Talk:Cour de cassation#"Appeals" to the European Court of Human Rights ? Apokrif 18:56, 20 April 2006 (UTC)
[edit] unfair on the UK
To have 4 out of the six "other cases" on it, it makes us seem like some brutal reigme. Let's have more of a spead, please? 84.70.127.136 18:46, 14 December 2006 (UTC)
[edit] Explicit Contradiction
- In the first section, third paragraph: The court consists of a number of judges equal to the number of States Parties, which currently stand at forty-six.
- Now, look at the list.
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- 47. Mr Michael O’Boyle, Deputy Registrar (Irish)
- The seat of judge in respect of Monaco is currently vacant.
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- 47+1=48>46
Could someone fix this? samwaltz 00:41, 17 January 2007 (UTC)
- Thanks for pointing that out. The Registrar and Deputy Registrar are not judges, even though they are included in the composition of the Court: they are appointed differently and have mostly administrative tasks. I edited the page, it should make more sense now. SFinamore 11:20, 18 January 2007 (UTC)
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- Thanks! samwaltz 11:33, 18 January 2007 (UTC)
[edit] Removade "the case for Cornwall"
I removed the following sentence from the section "Notable cases": In 2006 the case for Cornwall, in respect of alleged violations of the European Convention of Human Rights, Articles 6, (independent and impartial courts); 8, (respect family life); 10, (freedom of expression); 13, (violations by officials); 14 with Protocol 12, (discrimination on the grounds of association with a national minority, property, birth or other status); 17, (the official destruction of rights); Protocol 1 Article 1, (property rights) with 385 supporting documents, was submitted by members of the Cornish Stannary Parliament to the European Court of Human Rights. The case is not yet decided and hence not notable at present. If the court rules in favour of the applicants, I think the case will be notable. But if not, I do not see any reason why this is an important case. Pierreback 17:53, 28 July 2007 (UTC)
[edit] Authority, jurisdiction, etc.
Who enforces the courts decisions? This sounds like an international organization rather than an actual judicial body with the power to enforce it's rulings. For example in April of this year it ruled that Scientology is a legitimate religion in Russia. I haven't seen any news of the Russians actually recognizing it though, and as I read the article it seems to me that they don't have to abide by their rulings since participation is by signing countries. Anynobody 21:34, 4 August 2007 (UTC)
[edit] Special Case Germany
I think the section "Special Case Germany" should be removed. For example in Sweden the European Convention was not directly applicable until the early 1990's, and this does not contradict the convention in any way. The statements in the section about "Special Case Germany" is misleading in my opinion. Ulner (talk) 23:43, 26 November 2007 (UTC)
I agree. The ECHR operates parallel and subordinate to domestic law in almost all contracting States, even where it is incorporated. Also the Council of Ministers is an EU institution. I'm fairly sure they have no role to play in enforcing the decisions of the ECtHR. Thehappyhobo (talk) 11:15, 21 January 2008 (UTC)